§ 119320. — 119320. (Added by Stats. 2011, Ch. 638, Sec. 2.)

California § 119320.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 104.: DIVISION 104. ENVIRONMENTAL HEALTH
• Part 15.: PART 15. MISCELLANEOUS REQUIREMENTS
• Ch. 7.: CHAPTER 7. Body Art
• Art. 6.: ARTICLE 6. Enforcement

Text

(a)
A certificate of registration or a health permit may be suspended by a local enforcement agency for a violation of this chapter.
(b)
A body art facility or practitioner whose certificate of registration or health permit has been suspended shall cease doing business until the certificate or permit has been reinstated. Suspension of the registration of one practitioner in a body art facility does
not affect the status of other practitioners in the facility unless the violation or violations are for conditions or equipment that affects the ability of all the practitioners in the facility to comply with the provisions of this chapter.
(c)
A body art facility for which the health permit has been revoked shall close and remain closed until a new health permit has been issued.
(d)
Whenever an enforcement officer finds that a practitioner or body art facility is not in compliance with the requirements of this chapter, the enforcement officer shall issue a notice to comply or a notice of violation to the registrant or permitholder setting forth the acts or omissions with which the registrant or permitholder is charged, and informing him or her of a right to a hearing, if requested, to show cause why the registration or permit should not be suspended or revoked.
(e)
(1)
A written request for a hearing shall be made by the registrant or permitholder within 15 calendar days after receipt of the notice.
(2)
The hearing shall be held within 15 calendar days of the receipt of a request for a hearing. Upon written request of the registrant or permitholder, the hearing officer may postpone a hearing date, if circumstances warrant the action.
(f)
A failure to request a hearing within 15 calendar days after receipt of the notice shall be deemed a waiver of the right to a hearing.
(g)
The hearing officer shall issue a written notice of decision to the registrant or permitholder within five working days following the hearing. In the event of a suspension or revocation, the notice shall specify the acts
or omissions with which the registrant or permitholder is charged, and shall state the terms of the suspension or that the registration or health permit has been revoked.
(h)
A certificate of registration or health permit may be reinstated or a new certificate of registration or health permit issued if the local enforcement agency determines that the conditions that prompted the suspension or revocation no longer exist.

Legislative History

Added by Stats. 2011, Ch. 638, Sec. 2. (AB 300) Effective January 1, 2012. Operative July 1, 2012, by Sec. 3 of Ch. 638.